Patna High CourtCR. MISC./69387/2023bail granted

Raushan Kumar @ Roushan Kumar v. The State Of Bihar

2024-02-29Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69387 of 2023 Arising Out of PS. Case No.-97 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== RAUSHAN KUMAR @ ROUSHAN KUMAR S/O DHARMENDRA YADAV NATURAL GUARDIANSHIP OF THE PETITIONER IS DHARMENDRA YADAV. R/O VILLAGE- CHAUDHARYDIH, (CHAUDHARIDIH) GORADIH, BASANTPUR, MIRJANHAT P.SLODIPUR, DISTT.- BHAGALPUR, BIHAR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sabour (Goradih) P.S. Case No. 97 of 2023 registered on 16.02.2023 lodged under Sections 30(a), 32(I)(II), 41 of Bihar Prohibition and Excise Act, 2018

3. As per the prosecution case, F.I.R. has been lodged against four named accused persons including the petitioner against whom there is a recovery of 242.80 litre of illicit liquor.

4. Counsel for the petitioner submits that petitioner is neither driver nor the owner of the vehicle. He was apprehended from the vehicle and he was not aware that liquor has been kept

Patna High Court CR. MISC. No.69387 of 2023(3) dt.29-02-2024 2/2 in the vehicle.

5. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 16.02.2023 having no criminal case pending against him.

6. Counsel further submits that one of the co-accused namely Chandradeo Kumar vide order dated 05.07.2023 in Cr.Misc. No. 39048 of 2023.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge if the charge is not framed yet and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Exclusive Excise Court No. 2 in connection with Sabour (Goradih) P.S. Case No. 97 of 2023 , subject to the conditions laid down under Section 437 (3) of the Cr.P.C.

(Dr. Anshuman, J) Sunnykr/- U